Michael Yarberry, et al v. Supervalu Incorporated, et al

Justia Dockets & Filings Seventh Circuit U.S. Court of Appeals, Seventh Circuit Michael Yarberry, et al v. Supervalu Incorporated, et al

Michael Yarberry, et al v. Supervalu Incorporated, et al

Defendant / Appellee:	SUPERVALU INCORPORATED, SHOPPERS FOOD WAREHOUSE CORPORATION, FOODARAMA, LLC, SUPERVALUE HOLDINGS, INCORPORATED and FF ACQUISITIONS, LLC
Plaintiff / Appellant:	STATE OF CALIFORNIA, UNITED STATES OF AMERICA and STATE OF ILLINOIS
Appellant:	TRACY SCHUTTE, Relator and MICHAEL YARBERRY, Relator
Amicus Curiae:	TAXPAYERS AGAINST FRAUD EDUCATION FUND, WASHINGTON LEGAL FOUNDATION, NATIONAL ASSOCIATION OF CHAIN DRUG STORES, INCORPORATED, PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, TRACY SCHUTTE and MICHAEL YARBERRY
Case Number:	20-2241
Filed:	July 9, 2020
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Other Statutory Actions

Opinions

We have the following opinions for this case:

Date Filed	Description
August 12, 2021	Yarberry v. Supervalu Inc.
July 27, 2023	Michael Yarberry v. Supervalu Incorporated

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Docket Report

This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 18, 2023	Filing 93 Mandate issued. No record to be returned. [93] [7336073] [20-2241] (SK) [Entered: 09/18/2023 09:02 AM]
September 18, 2023	FOR COURT USE ONLY: Certified copy of 07/27/2023 Nonprecedential Disposition and Final judgment with Mandate sent to the District Court Clerk. [7336076-2] [7336076] [20-2241] (SK) [Entered: 09/18/2023 09:07 AM]
July 27, 2023	Filing 92 ORDER: Final judgment filed per nonprecedential disposition. Each shall bear their own costs. [92] [7326019] [20-2241] (MAN) [Entered: 07/27/2023 02:39 PM]
July 27, 2023	Filing 91 Filed Nonprecedential Disposition PER CURIAM. We VACATE the judgment of the district court and REMAND to the district court for the Central District of Illinois for further proceedings in light of the Supreme Courts opinion in Schutte. Ilana Diamond Rovner, Circuit Judge; David F. Hamilton, Circuit Judge and Amy J. St. Eve, Circuit Judge. [91] [7326016] [20-2241] (MAN) [Entered: 07/27/2023 02:34 PM]
July 26, 2023	Filing 90 Filed Circuit Rule 54 Statement of Position by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated , as ordered by this court. [90] [7325753] [20-2241] (Mainigi, Enu) [Entered: 07/26/2023 02:06 PM]
July 25, 2023	Filing 89 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Enu Mainigi, Craig Singer, A. Joshua Podoll for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Additional Parties: Supervalu Pharmacies, Inc., Albertson's, LLC, Jewel Osco Southwest LLC, New Albertson's, Inc., American Drug Stores, LLC, Acme Markets, Inc., Shaw's Supermarket, Inc., Star Market Company, Inc., Jewel Food Stores, Inc., and AB Acquisition LLC. [89] [7325639] (L-Yes; E-Yes; R-Yes) [20-2241] [89] [7325639] [20-2241]--[Edited 07/26/2023 by HTP to reflect termination and addition of counsel.] (Mainigi, Enu) [Entered: 07/25/2023 07:21 PM]
July 25, 2023	Filing 88 Filed Circuit Rule 54 Statement of Position by Appellants Tracy Schutte and Michael Yarberry , as ordered by this court. [88] [7325616] [20-2241] (Keller, John) [Entered: 07/25/2023 04:11 PM]
July 5, 2023	Filing 87 The Supreme Court has REMANDED this appeal to this court for further proceedings. The Supreme Court issued a certified copy of its judgment on 07/03/2023. IT IS ORDERED that a Circuit Rule 54 Statement is due by 07/26/2023. [87] [7321132] [20-2241] (CG) [Entered: 07/05/2023 10:14 AM]
July 5, 2023	Filing 86 Filed Supreme Court judgment in 21-1326. ON WRIT OF CERTIORARI to the United States Court of Appeals for the Seventh Circuit. THIS CAUSE came on to be heard on the transcript of the record from the above court and was argued by counsel. ON CONSIDERATION WHEREOF, it is ordered and adjudged by this Court that the judgment of the above court is vacated with costs, and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further proceedings consistent with the opinion of this Court. IT IS FURTHER ORDERED that the petitioners, United States, et al., ex rel. Tracy Schutte, et al., recover from SuperValu Inc., et al., Seven Thousand Five Hundred Fifty-three Dollars and Thirty-two Cents ($7,553.32) for costs herein expended. [86] [7321121] [20-2241] (CG) [Entered: 07/05/2023 10:06 AM]
June 1, 2023	Filing 85 Filed Supreme Court opinion in 21-1326 & 22-111, VACATED & REMANDED, 06/01/2023. The judgment or mandate of the Supreme Court will not issue for at least 32 days pursuant to Rule 45. Should a petition for rehearing be filed timely, the judgment or mandate will be further stayed pending the Supreme Court's action on the petition for rehearing. [85] [7314461] [20-2241, 20-3425]--[Text edited 06/08/2023 by JR.] (PS) [Entered: 06/01/2023 03:34 PM]
February 8, 2023	Filing 84 The appellate court record has been transmitted to the Supreme Court. D.C. notified to transmit their record. 21-1326. [84] [7290004] [20-2241] (VG) [Entered: 02/08/2023 02:26 PM]
January 17, 2023	Filing 83 Filed order from the Supreme Court GRANTING the Petition for Writ of Certiorari. 21-1326. The petition for a writ of certiorari in No. 22-111 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. [83] [7285188] [20-2241] (PS) [Entered: 01/17/2023 02:57 PM]
April 6, 2022	Filing 82 Filed notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. 21-1326 [82] [7227838] [20-2241] (PS) [Entered: 04/06/2022 02:39 PM]
February 28, 2022	Filing 81 Notice from the Supreme Court that a motion for extension of time to file a Petition for Writ of Certiorari has been GRANTED, extending such time to 04/01/2022. [81] [7220157] [20-2241] (PS) [Entered: 03/01/2022 12:12 PM]
December 13, 2021	Filing 80 Mandate issued. No record to be returned. [80] [7204707] [20-2241] (LCP) [Entered: 12/13/2021 09:22 AM]
December 13, 2021	FOR COURT USE ONLY: Certified copy of 08/12/2021 Opinion with Mandate sent to the District Court Clerk. [7204721-2] [7204721] [20-2241] (LCP) [Entered: 12/13/2021 09:34 AM]
December 3, 2021	Filing 79 ORDER re: The petition for rehearing and petition for rehearing en banc. No judge in regular active service has requested a vote on the petition for rehearing en banc and the judges on the original panel have voted to deny rehearing. It is, therefore, ORDERED that the petition for rehearing and petition for rehearing en banc is DENIED. (Note: Judge Candace Jackson-Akiwumi did not participate in the consideration of this matter.) [79] [7203064] [20-2241] (AG) [Entered: 12/03/2021 10:26 AM]
November 16, 2021	Filing 78 Paper copies of response to rehearing enbanc brief filed by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Dist. [78] [7199396] [20-2241] (CM) [Entered: 11/16/2021 10:18 AM]
November 15, 2021	Filing 77 Brief deficiency letter sent to Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. The Response to Petition for Rehearing and Petition for Rehearing Enbanc brief was electronically filed on 11/09/2021. The paper copies of this brief were due to be submitted to the Clerk's Office by 11/12/2021. The paper copies have not been received by this court. Paper copies due on 11/18/2021 or the court may issue a Rule of Show Cause order pursuant to Circuit Rule 31. [77] [7199272] [20-2241] (MLM) [Entered: 11/15/2021 04:23 PM]
November 9, 2021	Filing 76 Filed Response to Petition for Rehearing and Petition for Rehearing Enbanc by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated, et al., per order. [76] [7198198] Paper copies due on 11/12/2021 [20-2241] (MAN) [Entered: 11/09/2021 03:20 PM]
November 9, 2021	Filing 75 Submitted response to petition for rehearing enbanc by John C.O'Quinn for Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, FF Acquisitions, LLC, Shoppers Food Warehouse Corporation and Foodarama, LLC. [75] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7198173] [20-2241] (O'Quinn, John) [Entered: 11/09/2021 02:55 PM]
October 6, 2021	Filing 74 Paper copies of amicus brief in support of Petition for Rehearing for Enbanc filed by Amicus Curiae Taxpayers Against Fraud Education Fund. DIST. [74] [7190429] [20-2241] (MLM) [Entered: 10/06/2021 03:48 PM]
October 5, 2021	Filing 73 Paper copies of amicus brief filed by Amici Curiae Tracy Schutte, USA and Michael Yarberry. DIST. [73] [7190040] [20-2241] (LCP) [Entered: 10/05/2021 01:44 PM]
October 4, 2021	Filing 72 Filed brief in support of Petition for Rehearing for Enbanc by Amicus Curiae Taxpayers Against Fraud Education Fund. Electronically transmitted. Paper copies due on 10/07/2021. [72] [7189728] [20-2241] (SK) [Entered: 10/04/2021 03:03 PM]
October 4, 2021	Filing 71 INSTANTER ORDER re: Motion for Leave to File an Amicus Brief in Support of the Plaintiffs-Appellants' Petition for Rehearing En Banc. [ # 70 ] The motion for leave to appear as amicus curiae is GRANTED. The clerk of this court shall file INSTANTER the tendered copy of the amicus curiae brief. JPK [71] [7189699] [20-2241] (MM) [Entered: 10/04/2021 02:20 PM]
October 1, 2021	Filing 70 Motion filed by Amicus Curiae Taxpayers Against Fraud Education Fund to file amicus brief. [70] [7189397] [20-2241] (Hergott, Daniel) [Entered: 10/01/2021 12:05 PM]
September 30, 2021	Filing 69 Submitted brief by Dan Hergott for Amicus Curiae Taxpayers Against Fraud Education Fund. Consent from all parties contained within brief. [69] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7189265] [20-2241] (Hergott, Daniel) [Entered: 09/30/2021 05:03 PM]
September 30, 2021	Filing 68 Amicus brief filed by Amici Curiae Michael Yarberry, Tracy Schutte and USA government filing, no consent necessary. Paper copies due on 10/04/2021 Electronically Transmitted. [68] [7189201] [20-2241] (MLM) [Entered: 09/30/2021 03:19 PM]
September 30, 2021	Filing 67 Submitted brief by Joshua Dos Santos for amicus United States of America. Federal or state filer (consent unnecessary). [67] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7189170] [20-2241] (Dos Santos, Joshua) [Entered: 09/30/2021 02:41 PM]
September 30, 2021	Filing 66 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joshua Dos Santos for United States of America as Amicus Curiae. [66] [7189142] (L-Yes; E-Yes; R-No) [20-2241] (Dos Santos, Joshua) [Entered: 09/30/2021 02:14 PM]
September 30, 2021	Filing 65 Order issued GRANTING motion to extend time to file response to petition for rehearing [ # 64 ] Response to Petition for Rehearing due for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated by 11/09/2021. JPK [65] [7189062] [20-2241] (ER) [Entered: 09/30/2021 11:05 AM]
September 28, 2021	Filing 64 Motion filed by Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, Shoppers Food Warehouse Corporation and FF Acquisitions, LLC to extend time to file response to petition for rehearing. [64] [7188570] [20-2241] (O'Quinn, John) [Entered: 09/28/2021 12:47 PM]
September 27, 2021	Filing 63 Paper copies of rehearing enbanc brief filed by Appellants Tracy Schutte and Michael Yarberry. [63] [7188245] [20-2241] (LCP) [Entered: 09/27/2021 01:51 PM]
September 27, 2021	Filing 62 Sent clerk's copy of request to Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated requesting 30 copies of their Response to the Petition for Rehearing and Petition for Rehearing Enbanc filed by Appellants Tracy Schutte and Michael Yarberry on 09/23/2021. Response to Petition for Rehearing due for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated by 10/12/2021. [7188191] [20-2241] (FP) [Entered: 09/27/2021 11:03 AM]
September 23, 2021	Filing 61 Filed Petition for Rehearing and Petition for Rehearing Enbanc by Appellants Tracy Schutte and Michael Yarberry, per order. Paper copies due on 09/27/2021 [61] [7187714] [20-2241] (CAH) [Entered: 09/23/2021 03:51 PM]
September 23, 2021	Filing 60 Submitted petition for rehearing enbanc by Tejinder Singh for Appellants Tracy Schutte and Michael Yarberry. [60] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7187679] [20-2241] (Singh, Tejinder) [Entered: 09/23/2021 02:56 PM]
September 16, 2021	Filing 59 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Tejinder Singh for Appellants Tracy Schutte and Michael Yarberry. [59] [7185960] (L-No; E-Yes; R-No) [20-2241] [Edited 09/16/2021 by CG to reflect the addition of counsel.] (Singh, Tejinder) [Entered: 09/16/2021 07:38 AM]
August 18, 2021	Filing 58 ORDER re: Unopposed motion for extension of time to file petition for rehearing en banc. IT IS ORDERED that the motion is GRANTED. Appellants petition for rehearing, if any, is due on or before September 23, 2021. JPK [58] [7179943] [20-2241] (AG) [Entered: 08/18/2021 12:58 PM]
August 17, 2021	Filing 57 Motion filed by Appellants Tracy Schutte and Michael Yarberry to extend time to file petition for rehearing [57] [7179770] [20-2241] (Keller, John) [Entered: 08/17/2021 04:38 PM]
August 12, 2021	Filing 56 ORDER: Final judgment filed per opinion. With costs: yes. [56] [7178768] [20-2241] (AD) [Entered: 08/12/2021 02:57 PM]
August 12, 2021	Filing 55 Filed opinion of the court by Judge St. Eve. AFFIRMED . Ilana Diamond Rovner, Circuit Judge; David F. Hamilton, dissenting, Circuit Judge and Amy J. St. Eve, Circuit Judge. [55] [7178763] [20-2241] (AD) [Entered: 08/12/2021 02:54 PM]
May 18, 2021	Filing 54 Filed Appellants Tracy Schutte and Michael Yarberry Citation of Additional Authority, per Circuit Rule 28(e). [54] [7161198] [20-2241] (Keller, John) [Entered: 05/18/2021 04:26 PM]
May 14, 2021	Filing 53 Filed Notice of Supplemental Authority Pursuant to Rule 28(j) by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalue Holdings, Incorporated and Supervalu Incorporated. [53] [7160479] [20-2241] (O'Quinn, John) [Entered: 05/14/2021 02:52 PM]
January 19, 2021	Filing 52 Case argued by Mr. Dale J. Aschemann for Appellants Tracy Schutte and Michael Yarberry and Mr. John C. O'Quinn for Appellees Supervalue Holdings, Incorporated, Supervalu Incorporated, FF Acquisitions, LLC, Foodarama, LLC and Shoppers Food Warehouse Corporation. [52] [7135150] [20-2241] (DRS) [Entered: 01/19/2021 09:32 AM]
January 19, 2021	Filing 51 Case heard and taken under advisement by panel: Ilana Diamond Rovner, Circuit Judge; David F. Hamilton, Circuit Judge and Amy J. St. Eve, Circuit Judge. [51] [7135149] [20-2241] (DRS) [Entered: 01/19/2021 09:31 AM]
January 12, 2021	Filing 50 Received argument confirmation per argument email form for Attorney Mr. John C. O'Quinn for Appellees Supervalue Holdings, Incorporated, Supervalu Incorporated, FF Acquisitions, LLC, Foodarama, LLC and Shoppers Food Warehouse Corporation. [50] [7133936] [20-2241] (CAH) [Entered: 01/12/2021 10:02 AM]
January 12, 2021	Filing 49 Received argument confirmation per argument email form for Attorney Mr. Dale J. Aschemann for Appellants Tracy Schutte and Michael Yarberry. [49] [7133934] [20-2241] (CAH) [Entered: 01/12/2021 10:01 AM]
January 11, 2021	Filing 48 Received argument confirmation from Dale J. Aschemann for Appellants Tracy Schutte and Michael Yarberry. [48] [7133655] [20-2241] (Keller, John) [Entered: 01/11/2021 01:27 PM]
January 11, 2021	Filing 47 Received argument confirmation from John C. O'Quinn for Appellees FF Acquisitions, LLC, Foodarama, LLC, Supervalu Incorporated, Supervalue Holdings, Incorporated and Shoppers Food Warehouse Corporation. [47] [7133538] [20-2241] (O'Quinn, John) [Entered: 01/11/2021 10:10 AM]
December 28, 2020	Filing 46 Paper copies of appellant reply brief filed by Appellants Tracy Schutte and Michael Yarberry. DIST. [46] [7130761] [20-2241] (DRS) [Entered: 12/28/2020 10:07 AM]
December 21, 2020	Filing 45 Appellant's reply brief filed by Appellants Tracy Schutte and Michael Yarberry. Paper copies due on 12/28/2020 Electronically Transmitted. [45] [7130102] [20-2241] (LJ) [Entered: 12/22/2020 09:06 AM]
December 21, 2020	Filing 44 Submitted appellant reply brief by James A. Tate for Appellants Tracy Schutte and Michael Yarberry. [44] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7129997] [20-2241] (Tate, James) [Entered: 12/21/2020 03:58 PM]
December 14, 2020	Filing 43 Paper copies of amicus brief filed by Amici Curiae Chamber of Commerce of the United States of America and Pharmaceutical Research and Manufacturers of America, dist. [43] [7128185] [20-2241] (LJ) [Entered: 12/14/2020 12:01 PM]
December 10, 2020	Filing 42 Paper copies of amicus brief filed by Amicus Curiae Washington Legal Foundation. [42] [7127662] [20-2241] (DRS) [Entered: 12/10/2020 03:02 PM]
December 10, 2020	Filing 41 Paper copies of amicus brief filed by Amicus Curiae National Association of Chain Drug Stores, Incorporated. [41] [7127538] [20-2241] (SK) [Entered: 12/10/2020 11:40 AM]
December 7, 2020	Filing 40 Amicus brief filed by Amici Curiae Chamber of Commerce of the United States of America and Pharmaceutical Research and Manufacturers of America by consent. Paper copies due on 12/14/2020 Electronically Transmitted. [40] [7126606] [20-2241] (CAH) [Entered: 12/08/2020 09:05 AM]
December 7, 2020	Filing 39 Submitted brief by John P. Elwood for amicus Pharmaceutical Research and Manufacturers of America and Chamber of Commerce of the United States of America. Consent from all parties contained within brief. [39] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7126528] [20-2241] (Elwood, John) [Entered: 12/07/2020 04:49 PM]
December 7, 2020	Filing 38 Amicus brief filed by Amicus Curiae National Association of Chain Drug Stores, Incorporated by consent. Paper copies due on 12/14/2020. Electronically Transmitted. [38] [7126481] [20-2241] (MAN) [Entered: 12/07/2020 03:27 PM]
December 7, 2020	Filing 37 Submitted brief by Craig Y. Lee, Elbert Lin, Emily K. Bolles, Mary Ellen Kleiman for amicus National Association of Chain Drug Stores, Inc.. Consent from all parties contained within brief. [37] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7126409] [20-2241] (Lee, Craig) [Entered: 12/07/2020 02:27 PM]
December 7, 2020	Filing 36 Amicus brief filed by Amicus Curiae Washington Legal Foundation by consent. Paper copies due on 12/14/2020 Electronically Transmitted. [36] [7126184] [20-2241] (LJ) [Entered: 12/07/2020 09:31 AM]
December 7, 2020	Filing 35 Submitted brief by John Masslon for amicus Washington Legal Foundation. Consent from all parties contained within brief. [35] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7126165] [20-2241] (Masslon, John) [Entered: 12/07/2020 09:08 AM]
December 7, 2020	Filing 34 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John Masslon for Washington Legal Foundation. [34] [7126135] (L-Yes; E-Yes; R-No) [20-2241] (Masslon, John) [Entered: 12/07/2020 04:52 AM]
December 4, 2020	Filing 33 ORDER: Counsel in this appeal shall present oral argument either telephonically or by video communications. No attorneys will be present in the courtroom. The clerks office will contact counsel with further instructions. MOTIONS TO WAIVE ORAL ARGUMENT: If the appeal can be resolved based on the briefs and record and the decisional process would not be significantly aided by oral argument, see FED. R. APP. P. 34(a), counsel may file a motion under Circuit Rule 34(e) to waive oral argument. The court encourages counsel to confer with opposing counsel when considering a motion to waive oral argument and prefers joint motions. A motion to waive oral argument must be filed no later than seven days before the date of argument. CH [33] [7126025] [20-2241] (CAH) [Entered: 12/04/2020 03:24 PM]
December 4, 2020	Filing 32 Argument set for Tuesday, Jan 19, 2021, at 9:30 a.m. Each side limited to 20 minutes. [32] [7125925] [20-2241] (SK) [Entered: 12/04/2020 01:07 PM]
December 2, 2020	Filing 31 Paper copies of appellee brief filed by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. [31] [7125169] [20-2241] (CO) [Entered: 12/02/2020 09:24 AM]
November 30, 2020	Filing 30 Appellee's brief filed by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Paper copies due on 12/07/2020. Electronically Transmitted. [30] [7124763] [20-2241] (GW) [Entered: 12/01/2020 09:41 AM]
November 30, 2020	Filing 29 Submitted appellee brief by John C. O'Quinn for Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, FF Acquisitions, LLC, Foodarama, LLC and Shoppers Food Warehouse Corporation. [29] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7124691] [20-2241] (O'Quinn, John) [Entered: 11/30/2020 06:04 PM]
October 19, 2020	Filing 28 Order issued GRANTING motion to extend time to file appellees' brief. [ # 27 ] Appellees' brief due on or before 11/30/2020 for FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Appellants' reply brief, if any, is due on or before 12/21/2020 for Appellants Tracy Schutte and Michael Yarberry. CMD [28] [7115558] [20-2241] (CG) [Entered: 10/19/2020 08:42 AM]
October 16, 2020	Filing 27 Motion filed by Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, FF Acquisitions, LLC and Foodarama, LLC to extend time to file Unopposed Motion for Extension of Time to File Appellees' Brief. [27] [7115236] [20-2241] (O'Quinn, John) [Entered: 10/16/2020 10:36 AM]
October 14, 2020	Filing 26 Paper copies of amicus brief filed by Amicus Curiae Taxpayers Against Fraud Education Fund. [26] [7114502] [20-2241] (DRS) [Entered: 10/14/2020 11:52 AM]
October 8, 2020	Filing 24 Re-Submitted brief by Dan Hergott for amicus Taxpayers Against Fraud Education Fund. Consent from all parties contained within brief. [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7113460] [20-2241] (Hergott, Daniel) [Entered: 10/08/2020 11:20 AM]
October 7, 2020	Filing 25 Amicus brief filed by Amicus Curiae Taxpayers Against Fraud Education Fund, by consent. Paper copies due on 10/14/2020 Electronically Transmitted. [25] [7113562] [20-2241] (SK) [Entered: 10/08/2020 04:18 PM]
October 7, 2020	Filing 23 Brief deficiency letter sent to Amicus Curiae Taxpayers Against Fraud. [23] [7113376] [20-2241] (SK) [Entered: 10/08/2020 09:13 AM]
October 7, 2020	Filing 22 Submitted brief by Dan Hergott for amicus Taxpayers Against Fraud Education Fund. Consent from all parties contained within brief. [22] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7113343] [20-2241] (Hergott, Daniel) [Entered: 10/07/2020 10:22 PM]
October 7, 2020	Filing 21 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dan Hergott for Taxpayers Against Fraud Education Fund. [21] [7113342] (L-No; E-Yes; R-No) [20-2241] (Hergott, Daniel) [Entered: 10/07/2020 10:13 PM]
October 6, 2020	Filing 20 Paper copies of appellant brief filed by Appellants Tracy Schutte and Michael Yarberry. [20] [7112792] [20-2241] (CAH) [Entered: 10/06/2020 10:31 AM]
September 30, 2020	Filing 19 Appellant's brief filed by Appellants Tracy Schutte and Michael Yarberry. Paper copies due on 10/07/2020 Electronically Transmitted. [19] [7111700] [20-2241] (CM) [Entered: 09/30/2020 04:54 PM]
September 30, 2020	Filing 18 Submitted appellant brief by James A. Tate for Appellants Tracy Schutte and Michael Yarberry. [18] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7111640] [20-2241] (Tate, James) [Entered: 09/30/2020 03:30 PM]
September 25, 2020	Filing 17 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Paul B. Martins for Appellants Tracy Schutte and Michael Yarberry has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [17] [7110511] [20-2241] (LJ) [Entered: 09/25/2020 12:01 PM]
September 25, 2020	Filing 16 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Glenn Grossenbacher for Appellants Tracy Schutte and Michael Yarberry has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [16] [7110495] [20-2241] (LJ) [Entered: 09/25/2020 11:35 AM]
September 25, 2020	Filing 15 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Gary M. Grossenbacher for Appellants Tracy Schutte and Michael Yarberry has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [15] [7110494] [20-2241] (LJ) [Entered: 09/25/2020 11:34 AM]
September 14, 2020	Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Julie W. Popham, Paul B. Martins, Glenn Grossenbacher, Gary Grossenbacher for Appellants Tracy Schutte and Michael Yarberry. [14] [7107621] (L-No; E-No; R-No) [20-2241] [14] [7107621] [20-2241]--[Edited 09/15/2020 by ZNS to reflect the addition of counsel] (Popham, Julie) [Entered: 09/14/2020 05:59 PM]
August 25, 2020	Filing 13 Order issued GRANTING motion to extend time to file appellants' brief. [ # 12 ] Appellants' brief due on or before 09/30/2020 for Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. Appellees' brief due on or before 10/30/2020 for FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Appellants' reply brief, if any, is due on or before 11/20/2020 for Appellants Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. CMD [13] [7103238] [20-2241] (ZNS) [Entered: 08/25/2020 08:50 AM]
August 24, 2020	Filing 12 Motion filed by Appellants State of California, State of Illinois, USA, Tracy Schutte and Michael Yarberry to extend time to file appellant brief. [12] [7103120] [20-2241] (Keller, John) [Entered: 08/24/2020 03:23 PM]
August 3, 2020	Filing 11 Added Attorney(s) James A. Tate for party(s) Appellant Tracy Schutte Appellant Michael Yarberry, in case 20-2241 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James A. Tate for Appellants Tracy Schutte and Michael Yarberry. [11] [7098211] (L-No; E-Yes; R-No) [20-2241]--[Edited 08/04/2020 by AD to reflect the addition of counsel.] (Tate, James) [Entered: 08/03/2020 05:22 PM]
July 30, 2020	Filing 10 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James F. Hurst, Andrew A. Kassof, Brenton Rogers, John C. O'Quinn for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalue Holdings, Incorporated and Supervalu Incorporated. for AB Acquisition LLC; Acme Markets, Inc.; Albertson's, LLC; American Drug Stores, LLC; Jewel Food Stores, Inc.; Jewel Osco Southwest LLC; New Albertson's, Inc.; Shaw's Supermarket, Inc.; Star Market Company, Inc.; SuperValu Pharmacies, Inc.. [10] [7097473] (L-Yes; E-Yes; R-No) [20-2241]--[Edited 08/18/2020 by JAD to add Attorneys Andrew A. Kassof, Brenton A. Rogers, John C. O'Quinn for party Appellee FF Acquisitions, LLC, Appellee Shoppers Food Warehouse Corporation, Appellee Supervalu Incorporated, Appellee Supervalue Holdings, Incorporated Appellee Foodarama, LLC, in case 20-2241] (Hurst, James) [Entered: 07/30/2020 04:06 PM]
July 24, 2020	Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jason Idell for Appellants Tracy Schutte and Michael Yarberry. [9] [7096106] (L-No; E-Yes; R-No) [20-2241] [9] [7096106] [20-2241]--[Edited 07/24/2020 by ZNS to reflect the addition of counsel] (Idell, Jason) [Entered: 07/24/2020 02:30 PM]
July 22, 2020	Filing 8 Filed Seventh Circuit Transcript Information Sheet by Appellants State of California, State of Illinois, USA, Michael Yarberry and Tracy Schutte. [8] [7095551] [20-2241] (Keller, John) [Entered: 07/22/2020 03:52 PM]
July 21, 2020	Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Rand J. Riklin for Appellants Michael Yarberry and Tracy Schutte. [7] [7095174] (L-No; E-Yes; R-No) [20-2241] --[Edited 07/21/2020 by ER - added Attorney Rand J. Riklin] (Riklin, Rand) [Entered: 07/21/2020 03:20 PM]
July 21, 2020	Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dale J. Aschemann for Appellants Tracy Schutte, State of California, State of Illinois, USA and Michael Yarberry. [6] [7095165] (L-No; E-No; R-No) [20-2241] --[Edited 07/21/2020 by MM to reflect addition of counsel.] (Aschemann, Dale) [Entered: 07/21/2020 03:14 PM]
July 20, 2020	Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Timothy Keller for Appellants Tracy Schutte, State of California, State of Illinois, USA and Michael Yarberry. [5] [7094895] (L-Yes; E-Yes; R-No) [20-2241] (Keller, John) [Entered: 07/20/2020 05:02 PM]
July 16, 2020	Filing 4 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 08/31/2020 for Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. Appellee's brief due on or before 09/30/2020 for FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Appellant's reply brief, if any, is due on or before 10/21/2020 for Appellants Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. RJS [7094164] [20-2241] (FP) [Entered: 07/16/2020 04:11 PM]
July 16, 2020	Filing 3 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Thursday, July 30, 2020 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [3] [7094163] [20-2241] (FP) [Entered: 07/16/2020 04:08 PM]
July 9, 2020	Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Supervalu Pharmacies, Inc., Albertson's, LLC, Jewel Osco Southwest LLC, New Albertson's, Inc., American Drug Stores, LLC, Acme Markets, Inc., Shaw's Supermarket, Inc., Start Market Company, Inc.,Jewel Food Stores, Inc., and AB Acquisition LLC. [2] [7092721] [20-2241] (AD) [Entered: 07/10/2020 02:37 PM]
July 9, 2020	Filing 1 U.S. civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 07/23/2020. Appellant's brief due on or before 08/18/2020 for Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. [1] [7092709] [20-2241] (AD) [Entered: 07/10/2020 02:23 PM]

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Search for this case: Michael Yarberry, et al v. Supervalu Incorporated, et al
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Defendant / appellee: SUPERVALU INCORPORATED
Represented By:	James F. Hurst
Represented By:	Brenton A. Rogers
Represented By:	John C. O'Quinn
Represented By:	Andrew A. Kassof
Represented By:	Enu Mainigi
Represented By:	Adam Joshua Podoll
Represented By:	Craig D. Singer
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Defendant / appellee: SHOPPERS FOOD WAREHOUSE CORPORATION
Represented By:	James F. Hurst
Represented By:	Brenton A. Rogers
Represented By:	John C. O'Quinn
Represented By:	Andrew A. Kassof
Represented By:	Enu Mainigi
Represented By:	Adam Joshua Podoll
Represented By:	Craig D. Singer
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Defendant / appellee: FOODARAMA, LLC
Represented By:	James F. Hurst
Represented By:	Brenton A. Rogers
Represented By:	John C. O'Quinn
Represented By:	Andrew A. Kassof
Represented By:	Craig D. Singer
Represented By:	Enu Mainigi
Represented By:	Adam Joshua Podoll
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Defendant / appellee: SUPERVALUE HOLDINGS, INCORPORATED
Represented By:	James F. Hurst
Represented By:	Brenton A. Rogers
Represented By:	John C. O'Quinn
Represented By:	Andrew A. Kassof
Represented By:	Enu Mainigi
Represented By:	Adam Joshua Podoll
Represented By:	Craig D. Singer
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Defendant / appellee: FF ACQUISITIONS, LLC
Represented By:	James F. Hurst
Represented By:	Brenton A. Rogers
Represented By:	John C. O'Quinn
Represented By:	Andrew A. Kassof
Represented By:	Enu Mainigi
Represented By:	Adam Joshua Podoll
Represented By:	Craig D. Singer
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Plaintiff / appellant: STATE OF CALIFORNIA
Represented By:	Dale J. Aschemann
Represented By:	John Timothy Keller
Represented By:	Timothy Keller
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Plaintiff / appellant: UNITED STATES OF AMERICA
Represented By:	Dale J. Aschemann
Represented By:	John Timothy Keller
Represented By:	Timothy Keller
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Plaintiff / appellant: STATE OF ILLINOIS
Represented By:	Dale J. Aschemann
Represented By:	John Timothy Keller
Represented By:	Timothy Keller
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Appellant: TRACY SCHUTTE, Relator
Represented By:	James A. Tate
Represented By:	Dale J. Aschemann
Represented By:	Rand J. Riklin
Represented By:	John Timothy Keller
Represented By:	Jason M. Idell
Represented By:	Julie W. Popham
Represented By:	Glenn Grossenbacher
Represented By:	Paul B. Martins
Represented By:	Gary M. Grossenbacher
Represented By:	Timothy Keller
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Appellant: MICHAEL YARBERRY, Relator
Represented By:	James A. Tate
Represented By:	Dale J. Aschemann
Represented By:	Rand J. Riklin
Represented By:	John Timothy Keller
Represented By:	Jason M. Idell
Represented By:	Julie W. Popham
Represented By:	Glenn Grossenbacher
Represented By:	Paul B. Martins
Represented By:	Gary M. Grossenbacher
Represented By:	Timothy Keller
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Amicus curiae: TAXPAYERS AGAINST FRAUD EDUCATION FUND
Represented By:	Daniel R. Hergott
Represented By:	Michael I. Behn
Represented By:	Jacklyn DeMar
Represented By:	Jillian L. Estes
Represented By:	Jennifer M. Verkamp
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Amicus curiae: WASHINGTON LEGAL FOUNDATION
Represented By:	John Mercer Masslon II
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Amicus curiae: NATIONAL ASSOCIATION OF CHAIN DRUG STORES, INCORPORATED
Represented By:	Craig Young Lee
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Amicus curiae: PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA
Represented By:	John Patrick Elwood
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Amicus curiae: CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA
Represented By:	John Patrick Elwood
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Amicus curiae: TRACY SCHUTTE
Represented By:	Joshua Dos Santos
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Amicus curiae: MICHAEL YARBERRY
Represented By:	Joshua Dos Santos
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